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THOMPSON v. CIOX HEALTH, LLC

No. 21-2102.

52 F.4th 171 (2022)

Tammie THOMPSON, individually and on behalf of all others similarly situated; Debra Love, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CIOX HEALTH, LLC, d/b/a IOD Incorporated; ScanSTAT Technologies LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 28, 2022.

Attorney(s) appearing for the Case

ARGUED: James C. Bradley , ROGERS, PATRICK, WESTBROOK & BRICKMAN, LLC, Mount Pleasant, South Carolina, for Appellants. Gilad Yair Bendheim , KIRKLAND & ELLIS LLP, New York, New York, for Appellees. ON BRIEF: Nina H. Fields , Caleb M. Hodge , ROGERS, PATRICK, WESTBROOK & BRICKMAN, LLC, Mount Pleasant, South Carolina, for Appellants. A. Victor Rawl, Jr. , Brittany T. Bihun , GORDON & REES LLP, Charleston, South Carolina, for Appellees ScanSTAT Technologies LLC. Jay P. Lefkowitz , Mason E. Reynolds , KIRKLAND & ELLIS LLP, New York, New York, for Appellee Ciox Health, LLC.

Affirmed by published opinion. Judge Heytens wrote the opinion, in which Judge King and Judge Rushing joined.

South Carolina law gives patients a right to obtain copies of their medical records, while capping the fees "[a] physician, or other owner" may bill for providing them. S.C. Code Ann. § 44-115-80. Asserting they were charged excessive fees, plaintiffs Tammie Thompson and Debra Love sued third-party medical records...

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